13E+W+SFor section 17 of the 1986 Act there shall be substituted the following section—
(1)No meter shall be used for the purpose of ascertaining the quantity of gas supplied through pipes to any person unless it is stamped either by, or on the authority of, a meter examiner appointed under this section or in such other manner as may be authorised by regulations under this section.
(2)Subject to subsections (3) to (5) below, it shall be the duty of a meter examiner who is a member of the Director’s staff, on being required to do so by any person and on payment of the requisite fee—
(a)to examine any meter used or intended to be used for ascertaining the quantity of gas supplied to any person; and
(b)to stamp, or authorise the stamping of, that meter.
(3)A meter examiner shall not stamp, or authorise the stamping of, any meter unless he is satisfied that it is of such pattern and construction and is marked in such manner as is approved by the Director and that the meter conforms with such standards as may be prescribed for the purposes of this subsection.
(4)A meter examiner may stamp or authorise another person to stamp a meter, notwithstanding that he has not himself examined it, if—
(a)the meter was manufactured or repaired by the person submitting it to the examiner;
(b)that person has obtained the consent of the Director to his submission; and
(c)any conditions subject to which the consent was given have been satisfied.
(5)A meter examiner may authorise another person to stamp a meter, notwithstanding that he has not himself examined it, if—
(a)the meter was manufactured or repaired by that person;
(b)that person has obtained the consent of the Director to his stamping of the meter; and
(c)any conditions subject to which the consent was given have been satisfied.
(6)The Director shall appoint competent and impartial persons as meter examiners for the purposes of this section.
(7)There shall be paid out of money provided by Parliament to meter examiners who are members of the Director’s staff such remuneration and such allowances as may be determined by the Director with the approval of the Treasury, and such pensions as may be so determined may be paid out of money provided by Parliament to or in respect of such examiners.
(8)All fees payable to meter examiners who are members of the Director’s staff for the performance of functions conferred by or under this section shall be paid to the Director; and any sums received by him under this subsection shall be paid into the Consolidated Fund.
(9)Regulations under this section, which shall be made by the Director with the consent of the Secretary of State, may make provision—
(a)for re-examining meters already stamped, and for the cancellation of stamps in the case of meters which no longer conform with the prescribed standards and in such other circumstances as may be prescribed;
(b)for requiring meters to be periodically overhauled; and
(c)for the revocation of any approval given by the Director to any particular pattern or construction of meter, and for requiring existing meters of that pattern or construction to be replaced within such period as may be prescribed for the purposes of this subsection.
(10)The fees to be paid to meter examiners who are members of the Director’s staff for the performance of functions conferred by or under this section, and the persons by whom they are to be paid, shall be such as the Director may, with the approval of the Treasury, from time to time determine; and a determination under this subsection may—
(a)make different provision for different areas or in relation to different cases or different circumstances; and
(b)make such supplementary, incidental or transitional provision as the Director considers necessary or expedient.
(11)If any person supplies gas through a meter which has not been stamped under this section, he shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(12)Where the commission by any person of an offence under subsection (11) above is due to the act or default of some other person, that other person shall be guilty of the offence; and a person may be charged with and convicted of the offence by virtue of this subsection whether or not proceedings are taken against the first-mentioned person.
(13)In any proceedings for an offence under subsection (11) above it shall be a defence for the person charged to prove that he took all reasonable steps and exercised all due diligence to avoid committing the offence.
(14)The preceding provisions of this section shall not have effect in relation to the supply of gas to a person under any agreement providing for the quantity of gas supplied to him to be ascertained by a meter designed for rates of flow which, if measured at a temperature of 15°C and a pressure of 1013.25 millibars, would exceed 1600 cubic metres an hour.
(15)Regulations under this section may provide that subsection (14) above shall have effect as if for the number of cubic metres an hour which is for the time being applicable for the purposes of that subsection there were substituted such lower number of cubic metres an hour as the Director considers appropriate.”